Whole Foods Shakes Off Fish Oil Omega-3 Fatty Acid Consumer Suit

Whole Foods Market Group Inc. doesn’t deceive buyers about the amount of Omega-3 fatty acids in a fish oil supplement, because the back label clarifies any ambiguity created by the front, a judge said, dismissing the suit.

Julian Foster filed a proposed class suit alleging that the front label of Whole Foods’ Fish Oil softgels suggests that they contain 1000mg of Omega-3 fatty acids per capsule. But each capsule contains only 300mg, in total, of the Omega-3s Eicosapentaenoic Acid (EPA) and Docosahexanoiac Acid (DHA), he said.

In defense of its viability, Foster’s attorneys cited to Mantikas v. Kellogg Co., ...